The Ontario Medical Association says Ministry of Health is attempting to “end run” the association as the long-standing bargaining agent for doctors.

Ontario’s doctors have made good on a month-old threat to take the province to court for imposing $340 million in fee cuts and failing to negotiate a new contract in good faith.

The Ontario Medical Association filed a challenge under the Charter of Rights and Freedoms on Monday charging that the Ministry of Health is attempting to “end run” the association as the long-standing bargaining agent for doctors.

The case comes days after the government — which is fighting a $15 billion deficit and seeking pay freezes in talks with all public-sector workers — reached a memorandum of understanding with Catholic school teachers to hold wages steady.

“We never wanted or expected it to come to this, but the government has left us no choice,” OMA president Dr. Doug Weir said of the application for judicial review, acknowledging the association is “entering uncharted waters.”

Weir told reporters that doctors have nothing to lose by pressing their case in Divisional Court, even if judges decide against them.

“I’m not sure how it would weaken it any more than where we are today,” Weir said.

In the 12-page application, the OMA alleges the government is interfering with the right of the association to represent doctors by trying, for example, to consult with other medical groups on working conditions.

As well, by laying out its demand for no new spending on pay for doctors the government has refused to engage in “meaningful dialogue,” the OMA charges.

None of the allegations has been proven in court.

Health Minister Deb Matthews said she was “disappointed” the doctors made the court filing.

“As the government’s recent agreement with the Ontario English Catholic Teachers Association demonstrates, it is possible to reach a deal in good faith under difficult fiscal circumstances by working together to find creative solutions,” she said in a statement.

“We must make the right decisions for patients today to protect our universal health-care system for tomorrow. The right decision today is to expand access to community and home care while protecting the gains we’ve made on physician compensation.”

She urged the OMA to return to the bargaining table. Weir said the doctors want a conciliator to aid in negotiations.

The government has already backed down somewhat from the controversial fee cuts, saying some will be delayed.

Weir would not put a price tag on the legal action being handled by law firm Heenan Blaikie LLP but said: “We are certainly prepared to pay whatever it’s going to cost.”

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